In 2013, the Minnesota Legislature amended the Minnesota Whistleblower Act to expand the law’s protections for employees. But many courts seem unaware of the amendments’ existence or, when aware, wary of departing from years of precedent. In November 2016, a federal judge certified the question of the continuing validity of the expose-an-illegality rule to the […]

Why it’s time to reconsider Minnesota’s approach Members of the bar have long chafed at the designation of appellate opinions as “unpublished.” But the concept has many judicial defenders, including past and present judges on the Court of Appeals. In this article, a justice of the Minnesota Supreme Court and his former law clerk argue for […]

Recent changes in law make it a top priority Recent legal developments dictate that every law firm in Minnesota should designate a firm ethics counsel. First and foremost, the law on in-firm attorney-client privilege has undergone a tectonic shift—but there are many vital reasons to take this step now if you haven’t already. Does your […]

The Revised Uniform Fiduciary Access to Digital Assets Act, which became effective in Minnesota earlier this year, has largely resolved the Catch-22 that faces trustees and estate administrators by creating a workable framework for disposing of digital assets after death. Attorneys who do estate planning work should familiarize themselves and their clients with its terms. Cloud computing […]

“Mere bias,” “joining the team,” and other criteria The right to an unbiased judge is so fundamental to American jurisprudence that criminal convictions have been reversed over its violation. In Minnesota, the majority of determinations regarding disqualifying ‘partiality,’ ‘interest,’ or ‘bias’ have been made in criminal appellate cases. This article assesses contemporary standards for judicial […]

The criminal and civil consequences of distracted driving Crashes that involve distracted driving have risen consistently in recent years. This article examines the criminal and civil exposure arising from texting and driving—and some ways in which the legal consequences may become more dire if the problem persists. Although distracted driving is illegal in Minnesota, a […]

PART II The advent of autonomous vehicles points to a seemingly inescapable shift in historical standards for auto crashes—from driver/owner liability to a product-liability regime. The emerging technology may change how traffic laws are enforced, and it will also implicate other privacy, criminal, insurance, and ethical quandaries. SUMMARY: SAE-defined Levels of Automation L0 – No automation. Human […]

Part I Automated driving is coming. Last month the National Highway Transportation Safety Administration released its newly expanded Federal Automated Vehicles Policy, and the race is on to bring driverless cars to our roads on a mass scale. As with many new technologies, the law will have to catch up with the issues raised by […]

According to several law school statistical studies, the average age of law school graduates in the United States is 27. The average age of newlyweds in the United States currently sits at 27 for women and 29 for men. Further, over the last 43 years, the average age of a first-time mother has increased from […]

Using document automation to speed up much of the routine work of lawyering In the average solo or small firm, 40 percent of the hours that lawyers work aren’t billed. You can buy yourself extra time by automating documents used regularly in your practice—on your own or with the help of software packages. But don’t underestimate […]